( 1 ) THE plaintiff William Grant and Sons Ltd. has instituted the suit No. 2532 of 1993 in this Court, seeking injunction against defendant Mcdowell and Co. Ltd. The plaintiff seeks to restrain infringement of copyright in "glenfiddich" label, to prevent passing off and unfair competition, rendition of accounts of profits, delivery up etc. Along with the said suit, application has been filed for interim injunction bearing I. A. No. 9721 of 1993.

( 2 ) THE facts giving rise to the suit as pleaded in the plaint, are that the plaintiff is a Company, incorporated under the laws of Scotland and having its registered office at The Glenfiddich Distillery, Dufftown, Banffshire Scotland. It is asserted that the plaintiff operates Glenfiddich Distillery, the Balvenie Distillery and Kininvie Distillery, a!l of which are located in Dufftown, Scotland and the Cirvan Distillery in Girvan in Scotland.

( 3 ) FROM the pleadings it appears that Mr. Alexander Grant Gordon, who is the Director of the plaintiff Company, has signed, verified the plaint and instituted the suit.

( 4 ) THE plaintiff states that GLENFIDDICH distillery was established by Mr. William Grant in 1887. In the